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Pastimes : Investment Chat Board Lawsuits
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To: dantecristo who wrote (2520)3/2/2002 1:24:14 AM
From: Jeffrey S. Mitchell  Read Replies (1) of 12465
 
Mary, I truly think you have a good chance to be granted a new trial. Even your detractors should demand it given the important legal issues you raise.

In the event people's eyes glazed over when checking out your Memorandum, here are the two key issues:

I. Context

A. Is the context of a message within a message board thread (i.e. knowing what was written on the topic that led to the message in question) not necessary in determining if it was actionable?

B. Should a statement contained within a message posted on a message board be treated in the same context as an identical statement contained in, say, an article in the New York Times?

C. Can people who have not been properly indoctrinated on Internet message boards be trusted to make reasoned analysis of messages contained therein?

II. Third-Party Liability

A. If someone feels a poster on Yahoo's message boards violated Yahoo's Terms of Use when mentioning their name, should they be allowed to sue accordingly?

B. Should Yahoo's Terms of Use be considered tenets of law that can be interpreted by a judge or jury separate and apart from Yahoo?

C. Can Yahoo's Terms of Use be adequately interpreted by parties other than Yahoo?

Anyone who answered "no" to any of the above, regardless of their feelings for Mary and Mike, ought be supportive of their efforts for a new trial. Hey, you can still root for them to lose (g), but at least be supportive of a level playing field.

- Jeff
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